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MILLER v. LEHMAN

No. 85-5328.

801 F.2d 492 (1986)

Edison W. MILLER v. John F. LEHMAN, Jr., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 19, 1986.

Attorney(s) appearing for the Case

E. Roy Hawkens, Dept. of Justice, with whom Richard K. Willard, Acting Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty., and John F. Cordes, Dept. of Justice, were on the brief, for appellant. R. Craig Lawrence and Mitchell R. Berger, Asst. U.S. Atty., also entered appearances for appellant.

Richard L. Swick for appellee. David H. Shapiro also entered an appearance for appellee.

Before EDWARDS, SCALIA, and BUCKLEY, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

Opinion concurring in the result filed by Circuit Judge EDWARDS.

BUCKLEY, Circuit Judge:

The government appeals a decision of the district court ordering Secretary of the Navy John Lehman to expunge a letter of censure from the service record of Edison W. Miller, a retired Marine Corps colonel, 603 F.Supp. 164. The letter was issued by one of Lehman's predecessors...

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